Explain in detail all types of trademarks with related case laws

What is a Trademark?
The Indian Trademarks Act, of 1999 under Section 2(zb) defines a trademark as a
kind of intellectual property that marks and differentiates products or services from
others via the use of a recognized symbol, design, or expression. A trademark can
be owned by any individual, corporation, or legal body. Anyone who plans to use
or proposes to utilize a brand name commercially must file a trademark and pursue
it for its registration to stop others from using the same or similar brands name for
their product or services.

Types of Trademarks in India

Trademarks are often used to identify the source, owner, or developer of a product
or service. There are several types of trademarks a business can choose from,
including logos, names, taglines, and product brands. However, the use of any
mark may be mistaken for an existing one is prohibited. Soft drink firms, for
example, are not permitted to use Coca-Cola-like logos or names.

The different types of trademark in India:

1. Word Marks
It includes one or more words, letters, numerals or anything written in standard
character like brand name , slogan , tagline. In simple words where one wants to
register only the letters, words or combination of words or numerals without any
artistic and pictorial representation can register the trade under word mark
category. Flexibility is the biggest benefit that the word mark provides as after the
registration of the mark; it can be used in any design, style and font. Some good
examples of word marks are Microsoft, Tata, KFC, IBM

2. Device marks
It includes any label, sticker, monogram, logo or any geometrical figure with or
without wordelement in it. Device marks may also include colors but if the
registration is made along with colors then the same combination of colors have to
be used to claim trademark protection. Device mark is eye-catching and attractive
which makes it easy for the public to remember. When unique devices are used it
helps in recognition of the business because people may not remember the name

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but they can easily remember the logo. Apple logo is a good example of device
mark

3. Sound Mark
Sound marks are features acquired by hearing and characterized by their unique
sound. It is a trademark where sound is used to perform the trademark function of
uniquely distinguishing the commercial source of products or goods and services.
According to the new provision the sound submitted should be in MP3 format and
it should not exceed 30 seconds of length and visual representation of the sound
notations. YAHOO was the first company to register a sound trademark across the
globe. In India ICICI bank was the first to register sound as a trademark. Some of
the registered sound marks in India are:

 Yahoo – (Human voice yodelling Yahoo)

 National Stock Exchange – (Theme song)
 ICICI Bank – (Corporate jingle – Dhin Chik Dhin Chik)
 Britannia Industries (Four note bell sound)
 Cisco – (Tune heard on logging in to the conferencing service Web Ex)
 Edgar Rice Burroughs – (Tarzan Yell by its toy action figure)
 Nokia – (Guitar notes on switching on the device)
4. Three dimensional trademark
It includes both shapes of goods or packaging. It is a non-conventional trademark
and to get its registered the shape of goods or its packaging must be distinctively
different from the competitors in the market and is enough for the public to
recognise the origin of the goods , without the aid of other word marks on it.In
simple words it must be able to perform the function of the trademark.

5. Color Trademark
Trademark act permits registration of combination of colors to represent the goods
and services.When the distinctiveness is claimed in the combination of colors with
or without device it is called color mark. In trademark law the color could be
considered to acquire distinctiveness when the purchasing public recognises the
product or brand by particular combination of color only. In this case the brand is
the color. According to section 10 of the Trademark Act,1999 , Colour trademark
can be of a single color or combination of colors, but Section 2(1)(m) of the
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Trademarks Act, 1999 requires a mark to be a ‘combination of colours’ shows the
intention of the legislature to not allow single-colour trademarks. Thus it is
suggestible to file for a combination of colours as a trademark but where a trade
mark is registered without limitation of color, it shall be deemed to be registered
for all colors.

6. Smell Marks
When the smell is distinctive and cannot be mistaken for another product, a smell
mark can be recognized. Consider perfumes.

7. Shape of goods
Trademarks can be registered in shape or goods if they have a distinctive shape.
But it cannot be registered if the -Shape of goods which results from the nature of
goods themselves; Shape of goods which is necessary to obtain a technical result;
Shape of goods, which gives substantial value to the goods. Shape of goods are
also non conventional trademarks.

In nutshell , Consumer recognition and acquired distinctiveness becomes an

important factor in granting a non-conventional trademark like Shape of goods, 3-
dimensional trademark, sound mark, smell mark.In granting registration of the non
conventional trademark the Registry needs to evaluate the balance of convenience
of the Applicant of the mark with the other traders who may be using elements of
such trademarks in good faith.

Types of Trademarks

Types of trademarks include service marks, collective marks, certification marks,

etc. Whatever the trademark type, the trademark’s purpose is the same.
Particularly to distinguish the source of the goods or services. And also assure
the consumers of the quality of the product or service. A trademark can be
divided into the following seven categories:

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1. Word marks:

Word marks may be words, letters, or numerals. A word mark only gives the
proprietor a right to the word, letter, or numerical, and no right is sought
concerning the representation of the mark.

2. Device marks:

A device mark uniquely represents a logo, label, or design in the image format
and may also contain a word or a combination of words.

3. Service marks:

A service mark is nothing but a mark that distinguishes one person’s services
from another. Service marks do not represent goods but the services offered by
a person/ company.

They are used in a service business where actual goods under the mark are not
traded. It is a mechanism available to protect marks used in the service industry.

Thus companies providing services like computer hardware and software

assembly and maintenance, restaurant and hotel services, courier and transport,
beauty and health care, advertising, publishing, education, and the like are now
in a position to protect their names and marks from being misused by others. As
service marks, the substantive and procedural rules governing the service marks
are fundamentally the same.

4. Collective Marks:

Marks being used by a group of companies can now be protected by the group
collectively. Collective marks inform the public about a particular product feature
used for the collective mark. The owner of such marks may be an association,
public institution, or cooperative. Collective trademarks are also used to
promote particular products with certain characteristics specific to the producer
in a given region.

5. Certification Marks:

Certification marks are used to define standards. They assure the consumers
that the product meets specific prescribed standards. A certification mark on a
product indicates that the product has successfully passed a standard test
specified. It assures the consumer that the manufacturers have gone through an
audit process to ensure the quality of the product.

For example, Toys, Electrical goods, etc., have a marking that indicates the
product’s safety and quality.

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The difference between the certification mark and the collective mark is that a
particular enterprise or association member uses the collective mark. In
contrast, a certification mark may be used by anybody who meets the defined
standards.

6. Well-known marks:

When a mark is easily recognized among a large percentage of the population, it

achieves the trademark status of a well-known mark. Well-known marks enjoy
more excellent protection, and persons will not be able to register or use marks
imitations of well-known trademarks. A trademark needs to be
known/recognized by a relevant section of people to be well-known. These
people include actual or potential customers, people involved in the distribution,
and business service dealing with the goods/services. Now you can declare your
mark as well-known and learn more details here.

7. Unconventional Trademarks:

The trademarks that get recognition for their inherently distinctive feature are
unconventional.

Unconventional trademarks include the following categories:

Colour Trademark: If a particular color has become a distinctive feature

indicating the goods of a specific trader, it can be registered as a trademark. For
example, Red Wine.

Sound Marks: Signs that are perceived by hearing and distinguishable by their
distinctive and exclusive sound can be registered as sound marks. For example,
Musical notes.

Shape Marks: When the shape of goods or packaging has some distinctive
feature, it can be registered. For example, Ornamental Lamps.

Smell Marks: When the smell is distinctive and cannot be mistaken for an
associated product, it can be registered as a smell mark. For example, Perfumes.